[Federal Register Volume 71, Number 18 (Friday, January 27, 2006)]
[Rules and Regulations]
[Pages 4484-4486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-782]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23703; Directorate Identifier 2005-NM-052-AD; 
Amendment 39-14465; AD 2006-03-01]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 
airplanes. This AD requires, when certain SmartProbes are installed, 
revising the Limitations section of the airplane flight manual to limit 
the maximum take-off weight of the airplane and increase the reference 
speed during certain landing conditions. This AD results from reports 
of variable calibration values of certain sensors of the SmartProbes, 
which could result in the transmission of erroneous information to the 
air data system. We are issuing this AD to prevent reduced 
controllability of the airplane.

DATES: This AD becomes effective February 13, 2006.
    We must receive comments on this AD by March 28, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
all EMBRAER Model ERJ 170 airplanes. Certain Air Data SmartProbes that 
may be installed on these airplanes have been reported to be 
contaminated. A

[[Page 4485]]

SmartProbe contains four absolute pressure sensors and one differential 
pressure (dP) sensor. These five sensors provide the basic input used 
by the SmartProbe to calculate certain pressure-based data used by the 
airplane. Operators have reported shifts in the calibrated values of 
these dP sensors. These shifts have been attributed to contamination 
during the manufacturing process. Contaminated SmartProbes, if not 
detected and removed, could affect the correct operation of several 
airplane systems including the flight control system, and result in 
reduced controllability of the airplane.
    The DAC issued corresponding Brazilian airworthiness directive 
2005-02-01, dated March 3, 2005, to ensure the continued airworthiness 
of these airplanes in Brazil.

FAA's Determination and Requirements of This AD

    This airplane model is manufactured in Brazil and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DAC has kept the FAA informed of 
the situation described above. We have examined the DAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to prevent reduced 
controllability of the airplane. This AD requires, if an affected 
SmartProbe is installed, revising the Limitations section of the 
airplane flight manual to limit the maximum take-off weight of the 
airplane and increase the reference speed during certain landing 
conditions.

Difference Between AD and Brazilian Airworthiness Directive

    In addition to the AFM revision, the Brazilian airworthiness 
directive requires repetitive tests of certain affected SmartProbes. We 
have decided, however, to immediately adopt this AD to require only the 
AFM revision. We may later consider further rulemaking to supersede 
this AD to add a requirement to repetitively test the SmartProbes. We 
considered the urgency associated with the subject unsafe condition, 
the relatively low number of affected SmartProbes that currently exist, 
and logistical concerns associated with performing the tests within a 
period of time that corresponds to the normal scheduled maintenance for 
most affected operators. The planned compliance time to initiate the 
repetitive tests would allow enough time to provide notice and 
opportunity for prior public comment on the merits of the tests. We 
therefore consider this AD interim action.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
23703; Directorate Identifier 2005-NM-052-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that Web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 4486]]

Sec.  39.13  [Amended]

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2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-03-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14465. Docket No. FAA-2006-23703; Directorate 
Identifier 2005-NM-052-AD.

Effective Date

    (a) This AD becomes effective February 13, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100 
STD, -100 SE, and -100 SU airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from reports of variable calibration values 
of certain sensors of the Air Data SmartProbes, which could result 
in the transmission of erroneous information to the air data system. 
This was caused by contamination during the manufacturing process. 
We are issuing this AD to prevent reduced controllability of the 
airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Revision of Airplane Flight Manual (AFM)

    (f) As of 30 days after the effective date of this AD: During 
any time period when any SmartProbe part number 2015G2H2H-4, 
2015G2H2H-4A, 2015G2H2H-5, or 2015G2H2H-5A is installed, before 
further flight, revise the Limitations section of the AFM to include 
the following operational limitations (this may be done by inserting 
a copy of this AD into the AFM):
    ``<bullet> Reduce the calculated MTOW by 110 kgf whenever it is 
defined by obstacle clearance on the final segment.
    <bullet> Increase the reference speed (VREF) by 1 kt when 
landing with Flap 5.''

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (h) Brazilian airworthiness directive 2005-02-01, dated March 3, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-782 Filed 1-26-06; 8:45 am]
BILLING CODE 4910-13-P